Commonwealth Bank of Australia v Oswal [2012] FCA 772

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Oswal [2012] FCA 772 Citation: Commonwealth Bank of Australia v Oswal [2012] FCA 772

Parties: COMMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124) v PANKAJ OSWAL

File number: WAD 142 of 2012

Judge: SIOPIS J

Date of judgment: 12 July 2012

Catchwords: BANKRUTPCY – debtor resident outside of Australia – substituted service of bankruptcy notice – service upon solicitors who are representing or have represented the debtor in other proceedings in Australia – whether leave to serve a bankruptcy notice out of Australia is required.

Legislation: Bankruptcy Act 1996 (Cth) ss 40(1)(g), 309(2)

Cases cited: Re Mendonca; Ex parte Commissioner of Taxation (1969) 15 FLR 256 Ginnane v Diners Club Ltd (1993) 42 FCR 90 Battenberg v Restrom (2006) 149 FCR 128

Date of hearing: 12 July 2012

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr C Lockhart

Solicitor for the Applicant: Corrs Chambers Westgarth

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 142 of 2012

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124)

Applicant

AND: PANKAJ OSWAL

Respondent

JUDGE: SIOPIS J DATE OF ORDER: 12 JULY 2012 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The requirement for the applicant to serve the originating application on the respondent is dispensed with. 2. Pursuant to section 40(1)(g) of the Bankruptcy Act 1966, the applicant shall have leave to serve the Bankruptcy Notice No BN 3553 of 2012 (the Bankruptcy Notice), addressed to Pankaj Oswal (the Debtor), outside Australia in the manner prescribed by these orders. 3. The Bankruptcy Notice be served on the respondent by way of substituted service and personal service be dispensed with. 4. Pursuant to section 309(2) of the Bankruptcy Act 1966, the service of the Bankruptcy Notice may be effected, by no later than 16 July 2012, by: (a) posting a copy of the Bankruptcy Notice by ordinary pre-paid post to: (i) Hotchkin Hanly, 1st Floor, BGC Centre, 28 The Esplanade, Perth WA 6000; and (ii) Murcia Pestell Hillard, MPH Building, Level 3, 23 Barrack Street, Perth WA 6000; (b) personal service on any person apparently over the age of 16 years at: (i) Hotchkin Hanly, 1st Floor, BGC Centre, 28 The Esplanade, Perth WA 6000; and (ii) Murcia Pestell Hillard, MPH Building, Level 3, 23 Barrack Street, Perth WA 6000; and (c) posting a copy of the Bankruptcy Notice by pre-paid airmail (or equivalent) to each of: (i) Sanraj Bhawan, Bhupindera Road, Patiala. Pim 1470001, Punjab, India. (ii) Pankaj Oswal, Building 99, Jebel Ali, Dubai, United Arab Emirates. 5. When effecting service of the Bankruptcy Notice in accordance with order 4, in each case, it shall be accompanied by a copy of this order. 6. Service in accordance with these orders shall be deemed good and sufficient service of the Bankruptcy Notice on the respondent. 7. The Bankruptcy Notice shall be deemed to have been served on the Debtor fourteen (14) days after 16 July 2012. 8. The copies of the Bankruptcy Notice for service and proof of service all be amended by deleting the words in paragraph 1 of page 2 of the notice "service on you of this Bankruptcy Notice" and substituting "30 July 2012". 9. Costs of this application shall be reserved for the purposes of any creditor's petition based on this Bankruptcy Notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.